Subpart D headnotes;-Continued

(iii) shall be administered so that if any quantity of a product of a particular source of supply which is permitted to be entered within the tariffrate quota during any calendar quarter is not entered, the differences between the allocation to such source for such quarter and the quantity which was entered and charged against the quota from such source, or 10 percent of such allocation, whichever is the lesser, may be entered during the immediately following calendar quarter; provided that any increased quantity permitted under this subparagraph shall not be considered part of such source's allocation for any quarter;

(iv) shall be administered so that if it becomes effective, or is increased, after the beginning of a calendar quarter, the quantity entitled to enter, or the amount of the increase which may be entered, during the unexpired portion of such quarter as originating from each source of supply shall be the quantity as so effective, or the amount of the increase, for such calendar quarter, less 1/90 thereof for each day that has expired in such quarter; (v) shall be administered so that each single unit entered in a set shall be counted in determining the number of units entered during any calendar quarter.

(c) As promptly as practicable in each calendar year (beginning with 1972), the Tariff Commission shall determine the apparent United States consumption of knives, forks and spoons with stainless steel handles during the preceding calendar year and shall report such determination to the President. In its first report, the Commission shall also determine the apparent United States consumption of such articles during the calendar year 1970. Knives, forks and spoons; all the foregoing valued under 25 cents each, not over 10.2 inches in overall length; and with stainless steel handles (provided for in items 650.08, 650.10, 650.38, 650.40, 650.54 and, if included in sets, 651.75 of part 3E of schedule 6): For the following aggregate quantities of single units, which are the product of the specified sources of supply and are subject to the rates set forth in rates of duty column numbered 1, entered in any calendar quarter in any calendar year (see headnote 2 of this subpart with respect to possible increases in these quantities)

Japan.

Republic of China.

Republic of Korea.

Hong Kong.

European

Economic Community (an instrumentality of the Governments of the Kingdom of Belgium. the French Republic, the Federal Republic of Germany, the Republic of Italy, the Grand Duchy of Luxembourg, and the Kingdom of the Netherlands.

United Kingdom..

Other..

33, 000, 000

6,300,000

4,800,000

1,500,000

1,500,000

600,000

900,000:

On or before September 30, 1976 unless extended by the President.

Items following item 922.50 and preceding item 923.31 inserted by Proc. No. 4125, Apr. 22, 1972, 37 C.F.R. 8369, effective with respect to articles entered, or withdrawn from warehouse, for consumption on and after May 1,

1972.

Items following item 922.50 and preceding item 924.00 modified by Proc. No. 4102, Jan. 29, 1972, 37 F.R. 2417, effective with respect to items entered, or withdrawn

from warehouse, for consumption during the period commencing on the date of Proc. No. 4102 and terminating at the close of Jan. 31, 1974.

Subpart C added by Proc. No. 4074, Aug. 15, 1971, 36 F.R. 15724, and terminated by Proc. No. 4098, Dec. 20, 1971, 36 F.R. 25201.

Subpart D added by Proc. No. 4076, Aug. 21, 1971, 35 F.R. 16561.

950. 10E Cheese, and substitutes for cheese, containing 0.5 percent or less by weight of butterfat, as provided for in items 117.75 and 117.85 of subpart C, part 4, schedule 1, except articles within the scope of other import quotas provided for in this part if shipped otherwise than in pursuance to a purchase, or if having a purchase price per pound (see headnote 3(a) (111) of this part) less than the price determined in accordance with headnote 3(a) (v) of this part......

Country of Origin:

Denmark.

United Kingdom.

Ireland..

West Germany.

Poland..

Australia.

Iceland.

Other..

Headnote 3(a) amended by Proc. No. 4138, June 3, 1972, 37 F.R. 11227.

§ 1322. International traffic and rescue work; United States-Mexico Boundary Treaty of 1970.

(b) The Secretary of the Treasury may provide by regulation or instruction for the admission, without entry and without the payment of any duty or tax imposed upon or by reason of importation, of—

(2) fire-fighting and rescue and relief equipment and supplies for emergent temporary use in connection with conflagrations;

(3) rescue and relief equipment and supplies for emergent temporary use in connection with floods and other disasters; and

(4) personal property related to the use and enjoyment of a separated tract of land as described in article III of the Treaty To Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado Rivers as the International Boundary between the United States of America and the United Mexican States signed on November 23, 1970.

(As amended Oct. 25, 1972, Pub. L. 92-549, title I, 107, 86 Stat. 1162.)

AMENDMENTS

1972-Pub. L. 92-549, § 107(a), provided for "United States-Mexico Boundary Treaty of 1970" in section catchline.

Subsec. (b) (4). Pub. L. 92–549, § 107(b), added cl. (4). § 1356f. Importation of coffee under International Coffee Agreement, 1968; Presidential powers and duties.

On and after the entry into force of the International Coffee Agreement, 1968, and for such period prior to October 1, 1973, as the agreement remains in effect, the President is authorized, in order to carry out and enforce the provisions of that agreement

(As amended Pub. L. 92-262, Mar. 24, 1972, 86 Stat. 113.)

Items 950.10B, 950.10C, 950.10D, and 950.10E amended by Proc. No. 4138, June 3, 1972, 37 F.R. 11227. AMENDMENTS

1972-Pub. L. 92-262 substituted "October 1, 1973" for "July 1, 1971".

§§ 1401a, 1402.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in title 26 section 993.

Chapter 7.-TRADE EXPANSION PROGRAM

§ 1862. Safeguarding national security.

PROC. NO. 3279. ADJUSTING IMPORTS OF PETROLEUM AND PETROLEUM PRODUCTS INTO THE UNITED STATES Proc. No. 3279, Mar. 10, 1959, 24 F.R. 1781, as amended by Proc. No. 3290, Apr. 30, 1959, 24 F.R. 3527; Proc. No. 3328, Dec. 10, 1959, 24 F.R. 10133; Proc. No. 3386, Dec. 24, 1960, 25 F.R. 13945; Proc. No. 3389, Jan. 17, 1961, 26 F.R. 507; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Proc. No. 3509, Nov. 30, 1962, 27 F.R. 11985; Proc. No. 3531, Apr. 19, 1963, 28 F.R. 4077; Proc. No. 3541, June 12, 1963, 28 F.R. 5931; Proc. No. 3693, Dec. 10, 1965, 30 F.R. 15459; Proc. No. 3779, Apr. 10, 1967, 32 F.R. 5919; Proc. No. 3794, July 17, 1967, 32 F.R. 10547; Proc. No. 3820, Nov. 9, 1967, 32 F.R. 15701; Proc. No. 3823, Jan. 29, 1968, 33 F.R. 1171; Proc. No. 3969, Mar. 10, 1970, 35 F.R. 4321; Proc. No. 3990, June 17, 1970, 35 F.R. 10091; Proc. No. 4018, Oct 16, 1970, 35 F.R. 16357; Proc. No. 4025, Dec. 22, 1970, 35 F.R. 19391; Proc. No. 4092, Nov. 5, 1971, 36 F.R. 21397; Proc. No. 4099, Dec. 20, 1971, 36 F.R. 24203; Proc. No. 4133, May 11, 1972, 37 F.R. 9543; Proc. No. 4156, Sept. 18, 1972, 37 F.R. 19115; Proc. No. 4175, Dec. 16, 1972, 37 F.R. 28043, provided:

SEC. 1A. (a) (1) As used in this section the term "Canadian imports" means imports from Canada of crude oil which has been produced in Canada and unfinished oils which have been derived from crude oil or natural gas produced in Canada and which have been transported into the United States by overland means or over waterways other than ocean waterways. The provisions of clause (4) of paragraph (a) of section 1 of this proclamation shall have no applications to Canadian imports into Districts I-IV through December 31, 1972.

(2) During the period January 1, 1972 through December 31, 1972, Canadian imports under allocations made pursuant to this subparagraph (2) into Districts I-IV shall not exceed an average of 570,000 barrels per day. Entries for consumption of crude oil or unfinished oils transported by pipeline may be made until midnight January 15, 1973 under any license authorizing such

imports from Canada for that period and until midnight January 15, 1972 under any license authorizing such imports from Canada for the preceding allocation period. The Secretary shall by regulation provide for allocations of such imports. The regulations shall provide that licenses issued under such allocations shall permit the entry, or withdrawal from warehouse, for consumption of Canadian imports only.

(3) The Secretary may, within the level prescribed by paragraph (a) (1) of section 2 of this proclamation, permit the importation of additional quantities of Canadian imports.

Sec. 2(a) (1). Except as otherwise provided in this proclamation, the maximum level of imports (exclusive of Imports from Canada provided for in paragraph (a) of section 1A), subject to allocation, of crude oil, unfinished olls, and finished products (other than residual fuel oil to be used as fuel) into Districts I-IV for a particular allocation period, shall be an amount equal to the difference between (1) 1,165,000 barrels per day during that allocation period and (11) the quantity of crude oil and unfinished oils which may be imported pursuant to paragraph (h) of section 1A of this proclamation during the particular allocation period plus the quantity estimated by the Secretary by which shipments of unfinished oils and finished products (other than residual fuel oil to be used as fuel) from Puerto Rico to Districts I-IV during that allocation period will exceed the quantity (as adjusted by the Secretary as he may determine to be consonant with the objectives of this proclamation) so shipped during a comparable base period in the year 1965. Within this maximum level, imports of unfinished oils and imports of finished products (other than residual fuel oil to be used as fuel) shall not exceed such levels as the Secretary may determine to be consonant with the objectives of this proclamation. In addition to the imports permitted under the first sentence of this paragraph, for the period January 1, 1971 through December 31, 1971, and for each allocation period thereafter, there may be imported into District I, an average of 45,000 barrels per day of No. 2 fuel oil, manufactured in the Western Hemisphere from crude oil produced in the Western Hemisphere, for allocation, under regulations of the Secretary, to persons in the business in District I of selling No. 2 fuel oil who do not have crude oil import allocations into Districts I-IV and who operate deep water terminals in District I or have through-put agreements with deep water terminal operators in District I who do not have crude oil import allocations into Districts I-IV, on a fair and equitable basis, to the extent possible, in relation to such persons' inputs of No. 2 fuel oil to such terminals, having regard to any product import allocations into Districts I-IV made to such persons. In addition to the quantity of No. 2 fuel oil provided in the preceding sentence, the Secretary may allocate for the period January 1, 1972, through December 31, 1972, an additional 5,000 barrels per day of such fuel oil to persons who qualify for allocations under the preceding sentence. No person who manufactures in Puerto Rico No. 2 fuel oil from crude oil produced in the Western Hemisphere shall incur a reduction of an allocation or be deemed to have violated a condition of an allocation by reason of a shipment of such oil to a person who holds an allocation under the preceding sentence and who relinquishes an amount of the allocation equal to the amount so shipped, so long as the total of all such shipments from Puerto Rico during a particular allocation period does not exceed an average of 5,000 barrels per day. Whenever the Director of the Office of Emergency Preparedness, as a result of his surveillance under paragraph (a) of section 6, finds that because of supply, price or other considerations, the requirement that such No. 2 fuel oil be manufactured and produced in the Western Hemisphere is restricting the availability of such oil for importation into District I and is not required for the national security, he shall so advise the Secretary who may then suspend such requirement by appropriate

(4) With respect to the allocation of imports of finished products, other than residual fuel oils to be used as fuel, into Puerto Rico, such regulations shall, to the extent possible, provide (1) for a fair and equitable distribution of imports of such finished products among persons who have been importers of such finished products into Puerto Rico during the base period specified by the Secretary pursuant to section 2 of this proclamation, and (11) for the granting and adjustment of allocations of imports of such finished products into Districts I-IV, District V, and Puerto Rico, in accordance with procedures established pursuant to section 4 of this proclamation. In addition the Secretary may make an allocation of imports, not in excess of 15,000 average barrels per day in any particular allocation period, into Districts I-IV of finished products other than residual fuel oil to be used as fuel if the Secretary determines that such action would not impair the accomplishment of the objectives of this proclamation and that such action would serve substantially to promote employment or substantially to upgrade opportunities for employment of Virgin Islanders or substantially to increase revenues received by the Virgin Islands, and the Secretary shall impose such conditions and restrictions upon such allocation as he may deem necessary to assure that the holder of the allocation fulfills commitments made in connection with the making of the allocation. Whenever the Secretary, upon recommendation of the Director of the Office of Emergency Preparedness, finds that there may be shortages in the supply of any finished product or products in Districts I-IV, which products are deemed by the Director of the Office of Emergency Preparedness to be important to the national security, the Secretary may allocate imports of any such product or products manufactured in the Virgin Islands in excess of the limitation in the preceding sentence for such product or products, for such time and under such conditions as he may deem consistent with the purposes of this proclamation.

SEC. 3A. Commencing with the allocation period January 1, 1973, through December 31, 1973, the Secretary, with the concurrence of the Director of the Office of Emergency Preparedness, is authorized to make an interim allocation for any allocation period or portion thereof to any person who held an allocation of imports of crude oil and unfinished oils or of No. 2 fuel oil during the preceding allocation period. No such interim allocation shall exceed the like allocation held in such pre

ceding allocation period by such person. However, the Secretary may adjust the allocation to any person limited by the previous sentence if such person would have been eligible for a larger allocation in 1973 under the regulations applicable during the allocation period commencing January 1, 1972. Any license issued under such interim allocation may be utilized for imports hereafter entering the United States prior to December 31, 1972, if authorized by the Secretary. Any allocation subsequently made to any person who receives an interim allocation pursuant to this section, shall be reduced by an amount equal to the interim allocation made pursuant to this section.

§ 2091. List of stone carvings and wall art; promulgation and revision; criteria for classification.

The Secretary, after consultation with the Secretary of State, by regulation shall promulgate, and thereafter when appropriate shall revise, a list of stone carvings and wall art which are pre-Columbian monumental or architectural sculpture or murals within the meaning of paragraph (3) of section 2095 of this title. Such stone carvings and wall art may be listed by type or other classification deemed appropriate by the Secretary. (Pub. L. 92-587, title II, § 201, Oct. 27, 1972, 86 Stat. 1297.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2092 of this title.

§ 2092. Certification from country of origin of lawfulness of exportation; failure of consignee to present to customs officer certification or evidence of inapplicability of list; seizure of articles until filing of certification or evidence; time for filing; failure to file.

(a) No pre-Columbian monumental or architectural sculpture or mural which is exported (whether or not such exportation is to the United States) from the country of origin after the effective date of the regulation listing such sculpture or mural pursuant to section 2091 of this title may be imported into the United States unless the government of the country of origin of such sculpture or mural issues a certificate, in a form acceptable to the Secretary, which certifies that such exportation was not in violation of the laws of that country.

(b) If the consignee of any pre-Columbian monumental or architectural sculpture or mural is unable to present to the customs officer concerned at the time of making entry of such sculpture or mural

(1) the certificate of the government of the country of origin required under subsection (a) of this section;

(2) satisfactory evidence that such sculpture or mural was exported from the country of origin on or before the effective date of the regulation listing such sculpture or mural pursuant to section 2091 of this title; or

(3) satisfactory evidence that such sculpture or mural is not covered by the list promulgated under section 2091 of this title;

the customs officer concerned shall take the sculpture or mural into customs custody and send it to a bonded warehouse or public store to be held at the risk and expense of the consignee until such certificate or evidence is filed with such officer. If such certificate or evidence is not presented within the 90-day period after the date on which such sculpture or mural is taken into customs custody, or such longer period as may be allowed by the Secretary for good cause shown, the importation of such sculpture or mural into the United States is in violation of this chapter. (Pub. L. 92-587, title II, § 202, Oct. 27, 1972, 86 Stat. 1297.)

CODIFICATION

References to section 202 of Pub. L. 92-587 in the original were translated as section 2091 of this title in the classification of Pub. L. 92-587 as the probable intent of Congress.

§ 2093. Forfeiture of articles unlawfully imported into United States; disposal of articles.

(a) Any pre-Columbian monumental or architectural sculpture or mural imported into the United States in violation of this chapter shall be seized and subject to forfeiture under the customs laws.

(b) Any pre-Columbian monumental or architectural sculpture or mural which is forfeited to the United States shall

(1) first be offered for return to the country of origin and shall be returned if that country bears all expenses incurred incident to such return and complies with such other requirements relating to the return as the Secretary shall prescribe; or

(2) if not returned to the country of origin, be disposed of in the manner prescribed by law for` articles forfeited for violation of the customs laws. (Pub. L. 92-587, title II, § 203, Oct. 27, 1972, 86 Stat. 1297.)

§ 2094. Rules and regulations.

The Secretary shall prescribe such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter. (Pub. L. 92-587, title II, § 204, Oct. 27, 1972, 86 Stat. 1297.)

§ 2095. Definitions.

For the purposes of this chapter

(1) The term "Secretary" means the Secretary of the Treasury.

(2) The term "United States" includes the several States, the District of Columbia, and the Commonwealth of Puerto Rico.